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Richard D. Lamm Governor n u DEPARTMENT OF NATURAL RESOURCES David H. Catches. Executive Director MINED LAND RECLAMATION DAVID C. $HELTON, Dlroetor May 25, 1984 Mr. Robert E. Wright, Jr. Attorney at Law P.O. Box 179 Gunnison, Colorado 81230 ~~I II~II~II~II~I I~~ 999 DIVISION Re: Schmalz Construction, Ltd. - "Schmalz Construction Pit" File No. M-84-069 Dear Mr. Wright: On May 24, 1984, the Mined Land Reclamation Board approved your telephone request on behalf of your client, Schmalz Construction Ltd., for a continuance of consideration of the 110 permit application for the above-captioned operation until the June 27-28, 1984 Board meeting. This request was justified to the Board based on the timing of publication and your desire to properly deal with potential protests. Enclosed is a copy of the first protest letter I have received on this application (from Mr. John Whitley). In general, Mr. Whitley's concerns are typically handled at the county level and have been considered by our Board to be local, land use issues, and, thus not their jurisdiction. These include issues such as noise, truck traffic, proximity to a gravel operation, etc. However, certain of these issues are also potentially within our Board's jurisdiction. These include possible mining of the area before a permit has been issued and possible more intensive wildlife use of the proposed permit area than was indicated in the statement under Exhibit D from the Colorado Division of Wildlife. In the case of the first issue, our staff will make every attempt to inspect this site before next month's Board meeting and, if unpermitted mining has occurred, the Division may initiate enforcement action against your client. In the case of the second issue, I suggest that you first make sure that the Division of Wildlife inspected the proper permit area (now defined to be south of the drainageway) and the ask them to respond to the issue of use by game birds. (They may wish to make recommendations concerning reclamation for use by such species.) Finally, does the operator have (or plan to get) a fugitive dust permit for this operation from the Colorado Department of Health? The confusion with the specific location of the operation should also be corrected at the local level. This can be done in two ways. First, all modifications to the permit application submitted to our Division should also be placed with the copy of the permit previously placed with the Gunnison County Clerk and Recorder. This includes your submission to me of May 17, 1984, as well as any future submissions. Second, as I understand it, you plan to republish for two more weeks in the local newspaper, changing the 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30'x) 866-3567